United States:
Supreme Court To Decide Whether Trademark Owner Must Prove Willful Infringement To Obtain An Infringer's Profits
15 July 2019
Foley Hoag LLP
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Under 15 U.S.C. § 1117(a), trademark holder who
proves infringement may receive as damages an award of profits
"subject to the principles of equity." This phrase has
divided the circuit courts going back several decades, with six
circuits requiring a finding of willful infringement in order to
obtain an infringer's profits, and the other six circuits
allowing for such damages without a finding of willful
infringement.
The Supreme Court has now agreed to weigh in and break the
stalemate. It has agreed to hear the case of Romag Fasteners, Inc. v. Fossil, Inc.,
No. 8-1233. This decision promises to hold tremendous
commercial import for trademark owners. Stay tuned!
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